Author Archives: Jay Butchko
Can My Ex Still Inherit Under My Will?
Here is a hypothetical situation: Jessica divorced her spouse 10 years ago. But one day, as she is going through some of her files, she comes across her will. She never updated the document following her divorce, and it still names her ex-spouse as the executor and primary beneficiary of her estate. Panicked, Jessica… Read More »
Florida Appeals Court Orders New Trial After Trial Counsel Failed To Strike Biased Juror
The right to a jury trial requires that the individual jurors are themselves impartial. In this context, impartiality means the jurors do not rely on any preconceptions about the defendant’s guilt or innocence before hearing the evidence. It also means that jurors will not infer guilt based on improper considerations, such as a defendant’s… Read More »
Can The State Object To The Appointment Of Post-Conviction Counsel?
When a person is convicted of a crime in Florida state court, they have the right to file at least one appeal. After exhausting all possible state appeals, a person may then pursue what is known as a federal habeas corpus review. Habeas corpus refers to the inherent authority of federal courts to review… Read More »
What Is Considered “Cyberstalking” In Florida?
Most of us have seen–or dealt with–abusive behavior online at one time or another. In some cases such behavior may rise to the level of cyberstalking. This is not simply a term of art. Florida law specifically recognizes cyberstalking as a criminal offense. And individuals who have been targeted by such behavior may seek… Read More »
What Happens If I Sell Firearms Without A License?
The Second Amendment may guarantee your constitutional right to keep and bear arms. But that does not mean you have an unrestricted freedom to purchase or sell such weapons within the state of Florida. Indeed, there are a number of federal and state laws designed to carefully regulate the marketplace for weapons–and if you… Read More »
Can Police Post Signs On Your Lawn Telling Children To Stay Away?
A sex crimes conviction can quite literally follow you for life. This is because even after you serve any prison sentence or term of probation, the government can force you to register as a “sex offender,” often for the rest of your life. Some Florida municipalities may even restrict where a registered sex offender… Read More »
How Does The “Insanity Defense” Work?
In television courtroom dramas, you will often see fictional defense lawyers present an “insanity defense” in an attempt to get their clients off. In reality, the use of the insanity defense is quite limited and restricted. In federal criminal cases, for example, the law states that it is an affirmative defense in a criminal… Read More »
Will An Appeals Court Re-Weigh The Evidence Against Me?
When a person has been convicted of a criminal offense in Florida, they have the right to an appeal. The appellate process itself is sometimes misunderstood. An appeal is not a new trial. An appeal may lead to a new trial, but the appellate court itself will not retry a case or re-weigh the… Read More »
How Does The “Excited Utterance” To The Hearsay Rule Work In A Florida Criminal Trial?
There are strict rules governing the admission of evidence in a Florida criminal trial. One of the most important rules is the general prohibition against hearsay. The word hearsay refers to out-of-court statements offered to prove the truth of the matter asserted. There are exceptions to the hearsay rule. One of the most commonly… Read More »
Can A Judge Use My Claim Of Innocence Against Me At Sentencing?
As you probably know, you have a constitutional right against self-incrimination. This means you cannot be compelled to testify at your own criminal trial. Of course, you can still choose to testify but anything that you do say could be used against you. When a person is convicted of a crime, there is usually… Read More »
